What if you are arrested from drinking and driving and you are an illegal immigrant? - DUI Law Questions and Answers- LawQA.com

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What if you are arrested from drinking and driving and you are an illegal immigrant?

My girlfriends student visa expired after she graduated and couldn't find a job. She was arrested last night for DUI. What can happen to her?

Lowenstein Law Office
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It depends on several factors.

Answer Applies to: California
Replied: 8/4/2011

Law Office of Mark Bruce
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If ICE gets wind of it, they will detain her. If not, she needs to contact an immigration lawyer as to the consequence of a DUI on immigration status. It used to be that a DUI did not mean automatic deportation. Don't know if that's still the law.

Answer Applies to: California
Replied: 7/21/2011

Law Office of Eric Sterkenburg
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She can be expelled from the country.

Answer Applies to: California
Replied: 7/20/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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Deportation and/or inability to have VISA renewed. Contact a DUI specialist ASAP.

Answer Applies to: California
Replied: 7/20/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
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When she appears in court for her DUI charge the judge normally will not ask if she is here legally. However, when you are not in this country legally you normally do not want to be anywhere near a courtroom. The best thing she can do is immediately retain an experienced DUI defense firm to represent her in court. She can sign a waiver and her lawyer can appear in court for her and she will likely not have to appear in court at all. That is the best thing she can do now.

Answer Applies to: California
Replied: 7/20/2011

Answer By Terry Nelson
Nelson & Lawless
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Illegal immigrants face potential deportation for any criminal arrest. Many DAs report such arrests to INS for action. Her immediate problem is the DUI charges that could put her in jail. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If she has a license and is serious about hiring counsel to help in this, feel free to contact me.

Answer Applies to: California
Replied: 7/20/2011

Answer By Thomas Mueller
Law Office of Thomas F. Mueller
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It is possible that they will detain her and hold her for deportation, but since they didn't do it at arrest, she is probably home free. THe next danger time is at court. She can avoid going to courtby retaining an attorney.

Answer Applies to: California
Replied: 7/20/2011

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